Jersey Law 5/1998
PRIVILEGES AND
IMMUNITIES (DIPLOMATIC, CONSULAR, ETC.) (JERSEY) LAW 1998
____________
ARRANGEMENT OF
ARTICLES
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|
PART I
|
|
Preliminary
|
Article
|
1.
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Interpretation
of this Law
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2.
|
Application
of this Law
|
|
PART II
|
|
Diplomatic
Privileges and Immunities
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3.
|
Interpretation
of Part II
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4.
|
Application
of Convention
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5.
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Restriction
of privileges and immunities
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|
PART III
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|
Consular privileges
and immunities
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6.
|
Interpretation
of Part III
|
7.
|
Application
of Convention
|
8.
|
Restriction
of privileges and immunities
|
|
PART IV
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|
Privileges and
immunities in connection with Commonwealth and Irish establishments
|
9.
|
Application
of Part IV
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10.
|
Privileges and immunities in connection with Commonwealth and
Irish establishments
|
|
PART V
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|
Privileges and
immunities of certain international organisations
|
11.
|
Application
of Part V
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12.
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Privileges
and immunities of international organisations
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|
PART VI
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|
Miscellaneous
|
13.
|
Evidence
|
14.
|
Consequential
amendments
|
15.
|
Short
title
|
PRIVILEGES AND
IMMUNITIES (DIPLOMATIC, CONSULAR, ETC.) (JERSEY) LAW 1998
____________
A LAW to
give effect to the Vienna Convention on diplomatic relations; to give effect to
the Vienna Convention on consular relations; to make provision as to the
privileges and immunities in connection with Commonwealth and Irish
establishments; to make provision as to the privileges, immunities and
facilities to be accorded in respect of certain international organisations; and for connected purposes, sanctioned by
Order of Her Majesty in Council of the
17th day of DECEMBER
1997
____________
(Registered on the
16th day of January 1998)
____________
STATES OF JERSEY
____________
The 21st day of October 1997
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation of
this Law
(1) Subject
to paragraph (2) of this Article, in this Law a reference to a Part or Schedule
by number only and without further identification, is a reference to the Part
or Schedule of that number in this Law.
(2) Paragraph
(1) of this Article does not apply to a reference to a Part or Schedule in the
Schedules to this Law.
ARTICLE 2
Application of
this Law
This Law shall
have effect, with respect to the matters with which it deals, in substitution
for any previous enactment or rule of law appertaining to those matters in
force in the Island immediately before the commencement of this Law.
PART II
DIPLOMATIC
PRIVILEGES AND IMMUNITIES
ARTICLE 3
Interpretation of
Part II
(1) In
this Part, “the Convention” means the Vienna Convention on
Diplomatic Relations signed in 1961.
(2) A
reference in this Part to an Article not otherwise identified shall be
construed as reference to an Article of the Convention.
ARTICLE 4
Application of
Convention
(1) The
Articles set out in the First Schedule shall have the force of law in the
Island and for that purpose those Articles shall be construed in accordance
with paragraph (2) of this Article.
(2) In
those Articles a reference to –
(a) the receiving State
shall be construed as a reference to the Island or to the United Kingdom and
the Island, as the case may require;
(b) a reference to a person
permanently resident in the receiving State includes a person permanently
resident in the United Kingdom as well as a person permanently resident in the
Island;
(c) agents of the receiving
State shall be construed as including any police officer and any person
exercising a power of entry to any premises under customary law or under any
enactment;
(d) a national of the
receiving State shall be construed as meaning a citizen of the United Kingdom
and Colonies;
(e) the Ministry for
Foreign Affairs or such other ministry as may be agreed shall be construed as
meaning the Foreign and Commonwealth Office of the United Kingdom.
(3) For
the purposes of Article 32 a waiver by the head of the mission of any State or
any person for the time being performing his functions shall be deemed to be a
waiver by that State.
(4) The
exemption granted by Article 33 with respect to any services shall be deemed to
except those services from any class of employment which is insurable
employment, or in respect of which contributions are required to be paid, under
the Social Security (Jersey) Law 1974, as amended, or any enactment, but not so
as to render any person liable to any contribution which he would not be
required to pay if those services were not so excepted.
(5) Articles
35, 36 and 40 shall be construed as granting any privilege or immunity which
they require to be granted.
(6) The
reference in Article 36 to customs duties shall be construed as including a
reference to excise duties within the meaning of the Customs and Excise
(General Provisions) (Jersey) Law 1972, as amended, chargeable on goods
imported into the Island.
(7) The
references in Articles 37 and 38 to the extent to which any privileges and
immunities are admitted by the receiving State and to additional privileges and
immunities that may be granted by the receiving State shall be construed as
referring respectively to the extent to which any privileges and immunities may
be specified by the States by Regulations and to any additional privileges and
immunities that may be so specified.
ARTICLE 5
Restriction of
privileges and immunities
The privileges
and immunities conferred on persons by this Part shall be no greater or less in
extent than those which are required to be conferred on such persons in the
United Kingdom.
PART III
CONSULAR
PRIVILEGES AND IMMUNITIES
ARTICLE 6
Interpretation of
Part III
(1) In
this Part “the Convention” means the Vienna Convention on Consular
Relations signed in 1963.
(2) A
reference in this Part to an Article not otherwise identified shall be
construed as a reference to an Article of the Convention.
(3) Expressions
used in this Part to which a meaning is assigned by Article 1, and other
expressions which are used both in this Part and in the Articles set out in the
Second Schedule shall be construed as having the same meanings in this Part as
in those Articles.
ARTICLE 7
Application of
Convention
(1) The
Articles set out in the Second Schedule shall have the force of law in the
Island and for that purpose those Articles shall be construed in accordance
with paragraph (2) of this Article.
(2) In
those Articles –
(a) a reference to the
receiving State shall be construed as a reference to the Island or to the
United Kingdom and the Island, as the case may require;
(b) a reference to a
permanent resident of the receiving State or to a person permanently resident
in the receiving State includes a permanent resident of the United Kingdom as
well as a permanent resident of the Island or a person permanently resident in
the United Kingdom as well as a person permanently resident in the Island, as
the case may be;
(c) a reference to the
Ministry for Foreign Affairs shall be construed as a reference to the Foreign
and Commonwealth Office of the United Kingdom;
(d) a reference to a
national of the receiving State shall be construed as a reference to a –
(i) British
citizen, a British Dependent Territories citizen, a British National (Overseas)
or a British Overseas citizen, or
(ii) a person who under the
British Nationality Act 1981 of the United Kingdom (“the 1981 Act”)
is a British subject, or
(iii) a British protected person
(within the meaning of that Act);
(e) the reference in
paragraph 2 of Article 17 to any privileges and immunities accorded by
customary international law or by international agreements shall be construed
as a reference to any privileges and immunities conferred under Part IV of this
Law;
(f) the reference in
paragraph 2 of Article 31 to authorities of the receiving State shall be
construed as including any police officer and any person exercising a power of
entry to any premises under any customary law or enactment;
(g) the reference in
paragraph 1 of Article 41 to a grave crime shall be construed as a reference to
–
(i) un crime in the context of customary
law; and
(ii) a contravention in the context of statutory offences punishable with
imprisonment for a term of 5 years or more or for life;
(h) the references in
paragraph 3 of Article 44 to matters connected with the performance or exercise
of the functions of members of a consular post shall be construed as references
to matters connected with the performance or exercise of consular functions by
consular officers or consular employees;
(j) the reference in
Article 45 to waiver by the sending State shall be construed as including a
reference to a waiver by the head, or by a person for the time being performing
the functions of head, of the diplomatic mission of the sending State or, if
there is no such mission, of the consular post concerned;
(k) the exemption granted
by Article 48 with respect to any services shall be deemed to except those
services from any class of employment which is insurable employment, or in
respect of which contributions are required to be paid, under the Social
Security (Jersey) Law 1974, as amended, or any enactment, but
not so as to render any person liable to any contribution which he would not be
required to pay if those services were not so excepted;
(l) Articles 50 to
52, 54, 62 and 67 shall be construed as granting the privileges or immunities
that those Articles require to be granted;
(m) the references in Articles 50
and 62 to customs duties shall be construed as including references to excise
duties within the meaning of the Customs and Excise (General Provisions)
(Jersey) Law 1972, as amended, chargeable on goods imported into the Island;
(n) the reference in
paragraph 2 of Article 57 to the privileges and immunities provided in Chapter
II shall be construed as a reference to those provided in section II of that
Chapter;
(o) the reference in
paragraph (4) of Article 70 to the rules of international law concerning
diplomatic relations shall be construed as a reference to the provisions of
Part II of this Law;
(p) the references in
Article 71 to additional privileges and immunities that may be granted by the
receiving State or to privileges and immunities so far as these are granted by
the receiving State shall be construed as referring to such privileges and
immunities as may be specified by the States by Regulations.
ARTICLE 8
Restriction of
privileges and immunities
The privileges
and immunities conferred on persons by this Part shall be no greater or less in
extent than those which are required to be conferred on such persons in the
United Kingdom.
PART IV
PRIVILEGES
AND IMMUNITIES IN CONNECTION WITH COMMONWEALTH AND IRISH ESTABLISHMENTS
ARTICLE 9
Application of
Part IV
This Part shall
apply to such persons connected to Commonwealth and Irish establishments as may
be specified by the States by Regulations made under Article 10 of this Law to
so apply.
ARTICLE 10
Privileges and
immunities in connection with Commonwealth and Irish establishments
(1) Subject
to paragraph (2) of this Article, the States may by Regulations made under this
paragraph specify persons to which this Part applies and confer on them all or
any of the privileges and immunities which may be conferred under Part III of
this Law on consular posts or persons connected with consular posts.
(2) Any
Regulations made under paragraph (1) of this Article shall be so framed as to
secure that –
(a) the persons to whom
they relate are persons in respect of whom an Order in Council made pursuant to
section 12(1) of the Consular Relations Act 1968 of the United Kingdom is in
force; and
(b) the privileges and
immunities conferred by them on a person are not greater nor lesser in extent
than those which, at the time the Regulations take effect, are required to be
conferred on that person in the United Kingdom in accordance with an Order in
Council made pursuant to the said sub-section.
PART V
PRIVILEGES
AND IMMUNITIES OF CERTAIN INTERNATIONAL ORGANISATIONS
ARTICLE 11
Application of
Part V
This Part shall
apply to any organisation specified by the States by
Regulations made under Article 12 of this Law to so apply.
ARTICLE 12
Privileges and
immunities of international organisations
(1) Subject
to paragraph (5) of this Article, the States may by Regulations made under this
paragraph specify an organisation to which this
Article applies and make any one or more of the following provisions in respect
of the organisation so specified (in the following
provisions of this Article referred to as the “organisation”),
that is to say –
(a) confer on the organisation the legal capacities of a body corporate;
(b) provide that the organisation shall, to such extent as may be specified in
the Regulations, have the privileges and immunities set out in Part I of the
Third Schedule;
(c) confer the privileges
and immunities set out in Part II of the Third Schedule to such extent as may
be specified in the Regulations, on persons of any such class as is mentioned
in paragraph (2) of this Article;
(d) confer the privileges
and immunities set out in Part III of the Third Schedule, to such extent as may
be specified in the Order, on such classes of officers and servants of the organisation (not being classes mentioned in paragraph (2)
of this Article) as may be so specified.
(2) The
classes of persons referred to in sub-paragraph (c) of paragraph (1) of this
Article are –
(a) persons who (whether
they represent Governments or not) are representatives to the organisation or representatives on, or members of, any organisation, committee or other subordinate body of the organisation (including any sub-committee or other
subordinate body of a subordinate body of the organisation);
(b) such number of officers
of the organisation as may be specified by the States
by Regulations, being the holders (whether permanent, temporary or acting) of
such high offices in the organisations as may be so
specified; and
(c) persons employed by or
serving under the organisation as experts or as
persons engaged on missions for the organisation.
(3) Where
Regulations are made under paragraph (1) of this Article, Part IV of the Third
Schedule shall have effect by virtue of those Regulations except in so far as
the Regulations provide otherwise.
(4) Where
Regulations are made under paragraph (1) of this Article they may confer the
exemptions set out in paragraph 13 in Part II of the Third Schedule to such
extent as may be specified in the Regulations in respect of officers and
servants of the organisation of any class specified
in the Regulations in accordance with sub-paragraph (d) of paragraph (1) of
this Article and in respect of members of the family of any such officer or
servant who form part of his household.
(5) Any
Regulations made under this Article shall be so framed as to secure that
–
(a) the organisation
to which they relate is one in respect of which an Order in Council made
pursuant to section 1 or 4 of the International Organisations
Act 1968 of the United Kingdom is in force;
(b) the privileges and
immunities conferred by them on an organisation are
not greater in extent than those which, at the time when the Regulations take
effect, are required to be conferred on that organisation
in the United Kingdom in accordance with an Order in Council made pursuant to
the International Organisations Act 1968; and
(c) no privilege or
immunity is conferred on any person as the representative of the States of
Jersey, or as a member of the staff of such a representative.
PART VI
MISCELLANEOUS
ARTICLE 13
Evidence
If in any
proceedings any question arises whether or not any person is entitled to any
privilege or immunity under this Law, a certificate issued by or under the
authority of one of Her Majesty’s principal Secretaries of State or the
Lieutenant Governor, as the case may be, stating any fact relating to that
question shall be conclusive evidence of that fact.
ARTICLE 14
Consequential
amendments
The Consular
Conventions (Jersey) Law 1952, as amended,
is hereby amended by the repeal of –
(a) Article 3; and
(b) Article 5 and
substitution therefor of the following Article
–
“ARTICLE 5
APPLICATION OF ARTICLE 1
Where
an Order in Council has been made by Her Majesty under section 6 of the
Consular Conventions Act 1949 (12 & 13 Geo.6, c.29) and has been registered
by the Royal Court, then if the Order in Council directs that section 1 of the
Act shall apply to a foreign State, Article 1 of this Law shall apply to that
foreign State.”.
ARTICLE 15
Short title
This Law may be
cited as the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey)
Law 1998.
G.H.C. COPPOCK
Greffier of the States
FIRST SCHEDULE
(Article 4)
ARTICLES OF
VIENNA CONVENTION ON DIPLOMATIC RELATIONS HAVING THE FORCE OF LAW IN THE
BAILIWICK
ARTICLE 1
For the purpose
of the present Convention, the following expressions shall have the meanings
hereunder assigned to them –
(a) the “head of the
mission” is the person charged by the sending State with the duty of acting
in that capacity;
(b) the “members of
the mission” are the head of the mission and the members of the staff of
the mission;
(c) the “members of
the staff of the mission” are the members of the diplomatic staff, of the
administrative and technical staff and of the service staff of the mission;
(d) the “members of
the diplomatic staff” are the members of the staff of the mission having
diplomatic rank;
(e) a “diplomatic
agent” is the head of the mission or a member of the diplomatic staff of
the mission;
(f) the
“members of the administrative and technical staff” are the members
of the staff of the mission employed in the administrative and technical
service of the mission;
(g) the “members of
the service staff” are the members of the staff of the mission in the
domestic service of the mission;
(h) a “private
servant” is a person who is in the domestic service of a member of the
mission and who is not an employee of the sending State;
(j) the
“premises of the mission” are the buildings or parts of buildings
and the land ancillary thereto, irrespective of ownership, used for the
purposes of the mission including the residence of the head of the mission.
ARTICLE 22
1. The
premises of the mission shall be inviolable. The agents of the receiving State
may not enter them, except with the consent of the head of the mission.
2. The
receiving State is under a special duty to take all appropriate steps to
protect the premises of the mission against any intrusion or damage and to
prevent any disturbance of the peace of the mission or impairment of its
dignity.
3. The
premises of the mission, their furnishings and other property thereon and the
means of transport of the mission shall be immune from search, requisition,
attachment or execution.
ARTICLE 23
1. The
sending State and the head of the mission shall be exempt from all national,
regional or municipal dues and taxes in respect of the premises of the mission,
whether owned or leased, other than such as represent payment for specific
services rendered.
2. The
exemption from taxation referred to in this Article shall not apply to such
dues and taxes payable under the law of the receiving State by persons
contracting with the sending State or the head of the mission.
ARTICLE 24
The archives and
documents of the mission shall be inviolable at any time and wherever they may
be.
ARTICLE 27
1. The
receiving State shall permit and protect free communication on the part of the
mission for all official purposes. In communicating with the Government and
other missions and consulates of the sending State, wherever situated, the
mission may employ all appropriate means, including diplomatic couriers and
messages in code or cipher. However, the mission may install and use a wireless
transmitter only with the consent of the receiving State.
2. The
official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its
functions.
3. The
diplomatic bag shall not be opened or detained.
4. The
packages constituting the diplomatic bag must bear visible external marks of
their character and may contain only diplomatic documents or articles intended
for official use.
5. The
diplomatic courier, who shall be provided with an official document indicating
his status and the number of packages constituting the diplomatic bag, shall be
protected by the receiving State in the performance of his functions. He shall
enjoy personal inviolability and shall not be liable to any form of arrest or
detention.
6. The
sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of
paragraph 5 of this Article shall also apply, except that the immunities
therein mentioned shall cease to apply when such a courier has delivered to the
consignee the diplomatic bag in his charge.
7. A
diplomatic bag may be entrusted to the captain of a commercial aircraft
scheduled to land at an authorised port of entry. He
shall be provided with an official document indicating the number of packages
constituting the bag but he shall not be considered to be a diplomatic courier.
The mission may send one of its members to take possession of the diplomatic
bag directly and freely from the captain of the aircraft.
ARTICLE 28
The fees and
charges levied by the mission in the course of its official duties shall be
exempt from all dues and taxes.
ARTICLE 29
The person of a
diplomatic agent shall be inviolable. He shall not be liable to any form of
arrest or detention. The receiving State shall treat him with due respect and
shall take all appropriate steps to prevent any attack on his person, freedom
or dignity.
ARTICLE 30
1. The
private residence of a diplomatic agent shall enjoy the same inviolability and
protection as the premises of the mission.
2. His
papers, correspondence and, except as provided in paragraph 3 of Article 31,
his property, shall likewise enjoy inviolability.
ARTICLE 31
1. A
diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State. He shall also enjoy immunity from its civil and administrative
jurisdiction, except in the case of –
(a) a real action relating
to private immovable property situated in the territory of the receiving State,
unless he holds it on behalf of the sending State for the purposes of the
mission;
(b) an action relating to
succession in which the diplomatic agent is involved as executor,
administrator, heir or legatee as a private person and not on behalf of the
sending State;
(c) an action relating to
any professional or commercial activity exercised by the diplomatic agent in
the receiving State outside his official functions.
2. A
diplomatic agent is not obliged to give evidence as a witness.
3. No
measures of execution may be taken in respect of a diplomatic agent except in
the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this
Article, and provided that the measures concerned can be taken without
infringing the inviolability of his person or of his residence.
4. The
immunity of a diplomatic agent from the jurisdiction of the receiving State
does not exempt him from the jurisdiction of the sending State.
ARTICLE 32
1. The
immunity from jurisdiction of diplomatic agents and of persons enjoying
immunity under Article 37 may be waived by the sending State.
2. The
waiver must always be express.
3. The
initiation of proceedings by a diplomatic agent or by a person enjoying
immunity from jurisdiction under Article 37 shall preclude him from invoking
immunity from jurisdiction in respect of any counter-claim directly connected
with the principal claim.
4. Waiver
of immunity from jurisdiction in respect of civil or administrative proceedings
shall not be held to imply waiver of immunity in respect of the execution of
the judgment, for which a separate waiver shall be necessary.
ARTICLE 33
1. Subject
to the provisions of paragraph 3 of this Article, a diplomatic agent shall with
respect to services rendered for the sending State be exempt from social
security provisions which may be in force in the receiving State.
2. The
exemption provided for in paragraph 1 of this Article shall also apply to
private servants who are in the sole employ of a diplomatic agent, on condition
–
(a) that they are not
nationals of or permanently resident in the receiving State; and
(b) that they are covered
by the social security provisions which may be in force in the sending State or
a third State.
3. A
diplomatic agent who employs persons to whom the exemption provided for in
paragraph 2 of this Article does not apply shall observe the obligations which
the social security provisions of the receiving State impose upon employers.
4. The
exemption provided for in paragraphs 1 and 2 of this Article shall not preclude
voluntary participation in the social security system of the receiving State
provided that such participation is permitted by that State.
5. The
provisions of this Article shall not affect bilateral or multilateral
agreements concerning social security concluded previously and shall not
prevent the conclusion of such agreements in the future.
ARTICLE 34
A diplomatic
agent shall be exempt from all dues and taxes, personal or real, national,
regional or municipal, except –
(a) indirect taxes of a
kind which are normally incorporated in the price of goods or services;
(b) dues and taxes on
private immovable property situated in the territory of the receiving State,
unless he holds it on behalf of the sending State for the purposes of the
mission;
(c) * * * * * *
(d) dues and taxes on
private income having its source in the receiving State and capital taxes on investments
made in commercial undertakings in the receiving State;
(e) charges levied for
specific services rendered;
(f) registration,
court or record fees, mortgage dues and stamp duty, with respect to immovable
property, subject to the provisions of Article 23.
ARTICLE 35
The receiving
State shall exempt diplomatic agents from all personal services, from all
public service of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions and billeting.
ARTICLE 36
1. The
receiving State shall, in accordance with such laws and regulations as it may
adopt, permit entry of and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services on
–
(a) articles for the
official use of the mission;
(b) articles for the
personal use of a diplomatic agent or members of his family forming part of his
household, including articles intended for his establishment.
2. The
personal baggage of a diplomatic agent shall be exempt from inspection, unless
there are serious grounds for presuming that it contains articles not covered
by the exemptions mentioned in paragraph 1 of this Article, or articles the
import or export of which is prohibited by the law or controlled by the
quarantine regulations of the receiving State. Such inspection shall be
conducted only in the presence of the diplomatic agent or of his authorised representative.
ARTICLE 37
1. The
members of the family of a diplomatic agent forming part of his household
shall, if they are not nationals of the receiving State, enjoy the privileges
and immunities specified in Articles 29 to 36.
2. Members
of the administrative and technical staff of the mission, together with members
of their families forming part of their respective households, shall, if they
are not nationals of or permanently resident in the receiving State, enjoy the
privileges and immunities specified in Articles 29 to 35, except that the
immunity from civil and administrative jurisdiction of the receiving State
specified in paragraph 1 of Article 31 shall not extend to acts performed
outside the course of their duties. They shall also enjoy the privileges
specified in Article 36, paragraph 1, in respect of articles imported at the time
of first installation.
3. Members
of the service staff of the mission who are not nationals of or permanently
resident in the receiving State shall enjoy immunity in respect of acts
performed in the course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and the exemption
contained in Article 33.
4. Private
servants of members of the mission shall, if they are not nationals of or
permanently resident in the receiving State, be exempt from dues and taxes on
the emoluments they receive by reason of their employment. In other respects,
they may enjoy privileges and immunities only to the extent admitted by the
receiving State. However, the receiving State must exercise its jurisdiction
over those persons in such a manner as not to interfere unduly with the
performance of the functions of the mission.
ARTICLE 38
1. Except
in so far as additional privileges and immunities may be granted by the
receiving State, a diplomatic agent who is a national of or permanently
resident in that State shall enjoy only immunity from jurisdiction, and
inviolability, in respect of official acts performed in the exercise of his
functions.
2. Other
members of the staff of the mission and private servants who are nationals of
or permanently resident in the receiving State shall enjoy privileges and
immunities only to the extent admitted by the receiving State. However, the
receiving State must exercise its jurisdiction over those persons in such a
manner as not to interfere unduly with the performance of the functions of the
mission.
ARTICLE 39
1. Every
person entitled to privileges and immunities shall enjoy them from the moment
he enters the territory of the receiving State on proceeding to take up his
post or, if already in its territory, from the moment when his appointment is
notified to the Ministry for Foreign Affairs or such other ministry as may be
agreed.
2. When
the functions of a person enjoying privileges and immunities have come to an
end, such privileges and immunities shall normally cease at the moment when he
leaves the country, or on expiry of a reasonable period in which to do so, but
shall subsist until that time, even in case of armed conflict. However, with
respect to acts performed by such a person in the exercise of his functions as
a member of the mission, immunity shall continue to subsist.
3. In
the case of the death of a member of the mission, the members of his family
shall continue to enjoy the privileges and immunities to which they are
entitled until the expiry of a reasonable period in which to leave the country.
4. In
the event of the death of a member of the mission not a national of or
permanently resident in the receiving State or a member of his family forming
part of his household, the receiving State shall permit the withdrawal of the
movable property of the deceased, with the exception of any property acquired
in the country the export of which was prohibited at the time of his death. * *
*
* * * * * * * * *
ARTICLE 40
1. If
a diplomatic agent passes through or is in the territory of a third State,
which has granted him a passport visa if such visa was necessary, while
proceeding to take up or to return to his post, or when returning to his own
country, the third State shall accord him inviolability and such other
immunities as may be required to ensure his transit or return. The same shall
apply in the case of any members of his family enjoying privileges or
immunities who are accompanying the diplomatic agent, or travelling
separately to join him or to return to their country.
2. In
circumstances similar to those specified in paragraph 1 of this Article, third
States shall not hinder the passage of members of the administrative and
technical or service staff of a mission, and of members of their families,
through their territories.
3. Third
States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the same
freedom and protection as is accorded by the receiving State. They shall accord
to diplomatic couriers, who have been granted a passport visa if such visa was
necessary, and diplomatic bags in transit the same inviolability and protection
as the receiving State is bound to accord.
4. The
obligations of third States under paragraphs 1, 2 and 3 of this Article shall
also apply to the persons mentioned respectively in those paragraphs, and to
official communications and diplomatic bags, whose presence in the territory of
the third State is due to force majeure.
ARTICLE 45
If diplomatic
relations are broken off between two States, or if a mission is permanently or
temporarily recalled –
(a) the receiving State
must, even in case of armed conflict, respect and protect the premises of the mission,
together with its property and archives;
(b) the sending State may
entrust the custody of the premises of the mission, together with its property
and archives, to a third State acceptable to the receiving State;
(c) the sending State may
entrust the protection of its interests and those of its nationals to a third
State acceptable to the receiving State.
SECOND SCHEDULE
(Article 7)
ARTICLES OF
VIENNA CONVENTION ON CONSULAR RELATIONS HAVING THE FORCE OF LAW IN THE
BAILIWICK
ARTICLE 1
Definitions
1. For
the purposes of the present Convention, the following expressions shall have
the meanings hereunder assigned to them –
(a) “consular
post” means any consulate-general, consulate, vice-consulate or consular
agency;
(b) “consular
district” means the area assigned to a consular post for the exercise of
consular functions;
(c) “head of consular
post” means the person charged with the duty of acting in that capacity;
(d) “consular
officer” means any person, including the head of a consular post,
entrusted in that capacity with the exercise of consular functions;
(e) “consular
employee” means any person employed in the administrative or technical
service of a consular post;
(f) “member of
the service staff” means any person employed in the domestic service of a
consular post;
(g) “members of the
consular post” means consular officers, consular employees and members of
the service staff;
(h) “members of the
consular staff” means consular officers, other than the head of a
consular post, consular employees and members of the service staff;
(i) “member
of the private staff” means a person who is employed exclusively in the
private service of a member of the consular post;
(j) “consular
premises” means the buildings or parts of buildings and the land
ancillary thereto, irrespective of ownership, used exclusively for the purposes
of the consular post;
(k) “consular
archives” includes all the papers, documents, correspondence, books,
films, tapes and registers of the consular post, together with the ciphers and
codes, the card-indexes and any article of furniture intended for their
protection or safekeeping.
2. Consular
officers are of two categories, namely career consular officers and honorary
consular officers. The provisions of Chapter II of the present Convention apply
to consular posts headed by career consular officers; the provisions of Chapter
III govern consular posts headed by honorary consular officers.
3. The
particular status of members of the consular posts who are nationals or
permanent residents of the receiving State is governed by Article 71 of the
present Convention.
CHAPTER 1 –
CONSULAR RELATIONS IN GENERAL
SECTION 1 –
ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS
ARTICLE 5
Consular
functions
Consular
functions consist in –
(a) protecting in the receiving
State the interests of the sending State and of its nationals, both individuals
and bodies corporate, within the limits permitted by international law;
(b) furthering the
development of commercial, economic, cultural and scientific relations between
the sending State and the receiving State and otherwise promoting friendly
relations between them in accordance with the provisions of the present
Convention;
(c) ascertaining by all
lawful means conditions and developments in the commercial, economic, cultural
and scientific life of the receiving State, reporting thereon to the Government
of the sending State and giving information to persons interested;
(d) issuing passports and
travel documents to nationals of the sending State, and visas or appropriate
documents to persons wishing to travel to the sending State;
(e) helping and assisting
nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary
and civil registrar and in capacities of a similar kind, and performing certain
functions of an administrative nature, provided that there is nothing contrary
thereto in the laws and regulations of the receiving State;
(g) safeguarding the
interests of nationals, both individuals and bodies corporate, of the sending
State in cases of succession mortis causa in the territory of the receiving State, in
accordance with the laws and regulations of the receiving State;
(h) safeguarding, within
the limits imposed by the laws and regulations of the receiving State, the
interests of minors and other persons lacking full capacity who are nationals
of the sending State, particularly where any guardianship or trusteeship is
required with respect to such persons;
(i) subject
to the practices and procedures obtaining in the receiving State, representing
or arranging appropriate representation for nationals of the sending State
before the tribunals and other authorities of the receiving State, for the
purpose of obtaining, in accordance with the laws and regulations of the
receiving State, provisional measures for the preservation of the rights and
interests of these nationals, where, because of absence or any other reason,
such nationals are unable at the proper time to assume the defence
of their rights and interests;
(j) transmitting
judicial and extra-judicial documents or executing letters rogatory
or commissions to take evidence for the courts of the sending State in
accordance with international agreements in force or, in the absence of such
international agreements, in any other manner compatible with the laws and
regulations of the receiving State;
(k) exercising rights of
supervision and inspection provided for in the laws and regulations of the
sending State in respect of vessels having the nationality of the sending
State, and of aircraft registered in that State, and in respect of their crews;
(l) extending
assistance to vessels and aircraft mentioned in sub-paragraph (k) of this
Article and to their crews, taking statements regarding the voyage of a vessel,
examining and stamping the ship’s papers, and, without prejudice to the
powers of the authorities of the receiving State, conducting investigations
into any incidents which occurred during the voyage, and settling disputes of
any kind between the master, the officers and the seamen in so far as this may
be authorized by the laws and regulations of the sending State;
(m) performing any other
functions entrusted to a consular post by the sending State which are not
prohibited by the laws and regulations of the receiving State or to which no
objection is taken by the receiving State or which are referred to in the
international agreements in force between the sending State and the receiving
State.
ARTICLE 15
Temporary
exercise of the functions of the head of a consular post
1. If
the head of a consular post is unable to carry out his functions or the
position of head of consular post is vacant, an acting head of post may act
provisionally as head of the consular post.
2. The
full name of the acting head of post shall be notified either by the diplomatic
mission of the sending State or, if that State has no such mission in the
receiving State, by the head of the consular post, or, if he is unable to do
so, by any competent authority of the sending State, to the Ministry for
Foreign Affairs of the receiving State or to the authority designated by that
Ministry. As a general rule, this notification shall be given in advance. The
receiving State may make the admission as acting head of post of a person who
is neither a diplomatic agent nor a consular officer of the sending State in
the receiving State conditional on its consent.
3. The
competent authorities of the receiving State shall afford assistance and
protection to the acting head of post. While he is in charge of the post, the
provisions of the present Convention shall apply to him on the same basis as to
the head of the consular post concerned. The receiving State shall not,
however, be obliged to grant to an acting head of post any facility, privilege
or immunity which the head of the consular post enjoys only subject to
conditions not fulfilled by the acting head of post.
4. When,
in the circumstances referred to in paragraph 1 of this Article, a member of
the diplomatic staff of the diplomatic mission of the sending State in the
receiving State is designated by the sending State as an acting head of post,
he shall, if the receiving State does not object thereto, continue to enjoy
diplomatic privileges and immunities.
ARTICLE 17
Performance of
diplomatic acts by consular officers
1. In
a State where the sending State has no diplomatic mission and is not
represented by a diplomatic mission of a third State, a consular officer may,
with the consent of the receiving State, and without affecting his consular
status, be authorized to perform diplomatic acts. The performance of such acts
by a consular officer shall not confer upon him any right to claim diplomatic
privileges and immunities.
2. A
consular officer may, after notification addressed to the receiving State, act
as representative of the sending State to any intergovernmental organization.
When so acting, he shall be entitled to enjoy any privileges and immunities
accorded to such a representative by customary international law or by
international agreements; however, in respect of the performance by him of any
consular function, he shall not be entitled to any greater immunity from
jurisdiction than that to which a consular officer is entitled under the
present Convention.
SECTION II
– END OF CONSULAR FUNCTIONS
ARTICLE 27
Protection of
consular premises and archives and of the interests of the sending State in
exceptional circumstances
1. In
the event of the severance of consular relations between two States –
(a) the receiving State
shall, even in case of armed conflict, respect and protect the consular
premises, together with the property of the consular post and the consular
archives;
(b) the sending State may
entrust the custody of the consular premises, together with the property
contained therein and the consular archives, to a third State acceptable to the
receiving State;
(c) the sending State may
entrust the protection of its interests and those of its nationals to a third
State acceptable to the receiving State.
2. In
the event of the temporary or permanent closure of a consular post, the
provisions of sub-paragraph (a) of paragraph 1 of this Article shall apply. In
addition –
(a) if the sending State,
although not represented in the receiving State by a diplomatic mission, has
another consular post in the territory of that State, that consular post may be
entrusted with the custody of the premises of the consular post which has been
closed, together with the property contained therein and the consular archives,
and, with the consent of the receiving State, with the exercise of consular
functions in the district of that consular post; or
(b) if the sending State
has no diplomatic mission and no other consular post in the receiving State,
the provisions of sub-paragraphs (b) and (c) of paragraph 1 of this Article
shall apply.
CHAPTER II
– FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS,
CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
SECTION 1 –
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST
ARTICLE 31
Inviolability of
the consular premises
1. Consular
premises shall be inviolable to the extent provided in this Article.
2. The
authorities of the receiving State shall not enter that part of the consular
premises which is used exclusively for the purpose of the work of the consular
post except with the consent of the head of the consular post or of his
designee or of the head of the diplomatic mission of the sending State. The
consent of the head of the consular post may, however, be assumed in case of
fire or other disaster requiring prompt protective action.
3. Subject
to the provisions of paragraph 2 of this Article, the receiving State is under
a special duty to take all appropriate steps to protect the consular premises
against any intrusion or damage and to prevent any disturbance of the peace of
the consular post or impairment of its dignity.
4. The
consular premises, their furnishings, the property of the consular post and its
means of transport shall be immune from any form of requisition for purposes of
national defence or public utility. If expropriation
is necessary for such purposes, all possible steps shall be taken to avoid
impeding the performance of consular functions, and prompt, adequate and
effective compensation shall be paid to the sending State.
ARTICLE 32
Exemption from
taxation of consular premises
1. Consular
premises and the residence of the career head of consular post of which the
sending State or any person acting on its behalf is the owner or lessee shall
be exempt from all national, regional or municipal dues and taxes whatsoever,
other than such as represent payment for specific services rendered.
2. The
exemption from taxation referred to in paragraph 1 of this Article shall not
apply to such dues and taxes if, under the law of the receiving State, they are
payable by the person who contracted with the sending State or with the person
acting on its behalf.
ARTICLE 33
Inviolability of
the consular archives and documents
The consular
archives and documents shall be inviolable at all times and wherever they may
be.
ARTICLE 35
Freedom of
communication
1. The
receiving State shall permit and protect freedom of communication on the part
of the consular post for all official purposes. In communicating with the
Government, the diplomatic missions and other consular posts, wherever
situated, of the sending State, the consular post may employ all appropriate
means, including diplomatic or consular couriers, diplomatic or consular bags
and messages in code or cipher. However, the consular post may install and use
a wireless transmitter only with the consent of the receiving State.
2. The
official correspondence of the consular post shall be inviolable. Official
correspondence means all correspondence relating to the consular post and its
functions.
3. The
consular bag shall be neither opened nor detained. Nevertheless, if the
competent authorities of the receiving State have serious reason to believe
that the bag contains something other than the correspondence, documents or
articles referred to in paragraph 4 of this Article, they may request that the
bag be opened in their presence by an authorized representative of the sending
State. If this request is refused by the authorities of the sending State, the
bag shall be returned to its place of origin.
4. The
packages constituting the consular bag shall bear visible external marks of
their character and may contain only official correspondence and documents or
articles intended exclusively for official use.
5. The
consular courier shall be provided with an official document indicating his
status and the number of packages constituting the consular bag. Except with
the consent of the receiving State he shall be neither a national of the
receiving State, nor, unless he is a national of the sending State, a permanent
resident of the receiving State. In the performance of his functions he shall
be protected by the receiving State. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or detention.
6. The
sending State, its diplomatic missions and its consular posts may designate
consular couriers ad hoc. In such
cases the provisions of paragraph 5 of this Article shall also apply except
that the immunities therein mentioned shall cease to apply when such a courier
has delivered to the consignee the consular bag in his charge.
7. A
consular bag may be entrusted to the captain of a ship or of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be provided
with an official document indicating the number of packages constituting the
bag, but he shall not be considered to be a consular courier. By arrangement
with the appropriate local authorities, the consular post may send one of its
members to take possession of the bag directly and freely from the captain of
the ship or of the aircraft.
ARTICLE 39
Consular fees and
charges
1. The
consular post may levy in the territory of the receiving State the fees and
charges provided by the laws and regulations of the sending State for consular
acts.
2. The
sums collected in the form of the fees and charges referred to in paragraph 1
of this Article, and the receipts for such fees and charges, shall be exempt
from all dues and taxes in the receiving State.
SECTION II
– FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS
AND OTHER MEMBERS OF A CONSULAR POST
ARTICLE 41
Personal
inviolability of consular officers
1. Consular
officers shall not be liable to arrest or detention pending trial, except in
the case of a grave crime and pursuant to a decision by the competent judicial
authority.
2. Except
in the case specified in paragraph 1 of this Article, consular officers shall
not be committed to prison or liable to any other form of restriction on their
personal freedom save in execution of a judicial decision of final effect.
ARTICLE 43
Immunity from
jurisdiction
1. Consular
officers and consular employees shall not be amenable to the jurisdiction of
the judicial or administrative authorities of the receiving State in respect of
acts performed in the exercise of consular functions.
2. The
provisions of paragraph 1 of this Article shall not, however, apply in respect
of a civil action either –
(a) arising out of a
contract concluded by a consular officer or a consular employee in which he did
not contract expressly or impliedly as an agent of the sending State; or
(b) by a third party for
damages arising from an accident in the receiving State caused by a vehicle,
vessel or aircraft.
ARTICLE 44
Liability to give
evidence
1. Members
of a consular post may be called upon to attend as witnesses in the course of
judicial or administrative proceedings. A consular employee or a member of the
service staff shall not, except in the cases mentioned in paragraph 3 of this
Article, decline to give evidence. If a consular officer should decline to do
so, no coercive measure or penalty may be applied to him.
2. The
authority requiring the evidence of a consular officer shall avoid interference
with the performance of his functions. It may, when possible, take such
evidence at his residence or at the consular post or accept a statement from
him in writing.
3. Members
of a consular post are under no obligation to give evidence concerning matters
connected with the exercise of their functions or to produce official
correspondence and documents relating thereto. They are also entitled to
decline to give evidence as expert witnesses with regard to the law of the
sending State.
ARTICLE 45
Waiver of
privileges and immunities
1. The
sending State may waive, with regard to a member of the consular post, any of
the privileges and immunities provided for in Articles 41, 43 and 44.
2. The
waiver shall in all cases be express, except as provided in paragraph 3 of this
Article, and shall be communicated to the receiving State in writing.
3. The
initiation of proceedings by a consular officer or a consular employee in a
matter where he might enjoy immunity from jurisdiction under Article 43 shall
preclude him from invoking immunity from jurisdiction in respect of any
counterclaim directly connected with the principal claim.
4. The
waiver of immunity from jurisdiction for the purposes of civil or
administrative proceedings shall not be deemed to imply the waiver of immunity
from the measures of execution resulting from the judicial decision; in respect
of such measures, a separate waiver shall be necessary.
ARTICLE 48
Social security
exemption
1. Subject
to the provisions of paragraph 3 of this Article, members of the consular post
with respect to services rendered by them for the sending State, and members of
their families forming part of their households, shall be exempt from social
security provisions which may be in force in the receiving State.
2. The
exemption provided for in paragraph 1 of this Article shall apply also to
members of the private staff who are in the sole employ of members of the
consular post, on condition –
(a) that they are not
nationals of or permanently resident in the receiving State; and
(b) that they are covered
by the social security provisions which are in force in the sending State or a
third State.
3. Members
of the consular post who employ persons to whom the exemption provided for in
paragraph 2 of this Article does not apply shall observe the obligations which
the social security provisions of the receiving State impose upon employers.
4. The
exemption provided for in paragraphs 1 and 2 of this Article shall not preclude
voluntary participation in the social security system of the receiving State,
provided that such participation is permitted by that State.
ARTICLE 49
Exemption from
taxation
1. Consular
officers and consular employees and members of their families forming part of
their households shall be exempt from all dues and taxes, personal or real,
national, regional or municipal, except –
(a) indirect taxes of a kind
which are normally incorporated in the price of goods or services;
(b) dues or taxes on
private immovable property situated in the territory of the receiving State,
subject to the provisions of Article 32;
(c) * * * * * duties on
transfers, levied by the receiving State, subject to the provisions of
paragraph (b) of Article 51;
(d) dues and taxes on
private income, * * * * having its source in the receiving State and capital
taxes relating to investments made in commercial or financial undertakings in the
receiving State;
(e) charges levied for
specific services rendered;
(f) registration,
court or record fees, mortgage dues and stamp duties, subject to the provisions
of Article 32.
2. Members
of the service staff shall be exempt from dues and taxes on the wages which
they receive for their services.
3. Members
of the consular post who employ persons whose wages or salaries are not exempt
from income tax in the receiving State shall observe the obligations which the
laws and regulations of that State impose upon employers concerning the levying
of income tax.
ARTICLE 50
Exemption from
customs duties and inspection
1. The
receiving State shall, in accordance with such laws and regulations as it may
adopt, permit entry of and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services,
on –
(a) articles for the
official use of the consular post;
(b) articles for the
personal use of a consular officer or members of his family forming part of his
household, including articles intended for his establishment. The articles
intended for consumption shall not exceed the quantities necessary for direct
utilization by the persons concerned.
2. Consular
employees shall enjoy the privileges and exemptions specified in paragraph 1 of
this Article in respect of articles imported at the time of first installation.
3. Personal
baggage accompanying consular officers and members of their families forming
part of their households shall be exempt from inspection. It may be inspected
only if there is serious reason to believe that it contains articles other than
those referred to in sub-paragraph (b) of paragraph 1 of this Article, or
articles the import or export of which is prohibited by the laws and regulations
of the receiving State or which are subject to its quarantine laws and
regulations. Such inspection shall be carried out in the presence of the
consular officer or member of his family concerned.
ARTICLE 51
Estate of a
member of the consular post or of a member of his family
In the event of
the death of a member of the consular post or of a member of his family forming
part of his household, the receiving State –
(a) shall permit the export
of the movable property of the deceased, with the exception of any such
property acquired in the receiving State the export of which was prohibited at
the time of his death;
(b) shall not * * * * * * *
* levy duties on transfers, on movable property the presence of which in the
receiving State was due solely to the presence in that State of the deceased as
a member of the consular post or as a member of the family of a member of the
consular post.
ARTICLE 52
Exemption from
personal services and contributions
The receiving
State shall exempt members of the consular post and members of their families
forming part of their households from all personal services, from all public
service of any kind whatsoever, and from military obligations such as those
connected with requisitioning, military contributions and billeting.
ARTICLE 53
Beginning and end
of consular privileges and immunities
1. Every
member of the consular post shall enjoy the privileges and immunities provided
in the present Convention from the moment he enters the territory of the
receiving State on proceeding to take up his post or, if already in its
territory, from the moment when he enters on his duties with the consular post.
2. Members
of the family of a member of the consular post forming part of his household
and members of his private staff shall receive the privileges and immunities
provided in the present Convention from the date from which he enjoys
privileges and immunities in accordance with paragraph 1 of this Article or
from the date of their entry into the territory of the receiving State or from
the date of their becoming a member of such family or private staff, whichever
is the latest.
3. When
the functions of a member of the consular post have come to an end, his
privileges and immunities and those of a member of his family forming part of his
household or a member of his private staff shall normally cease at the moment
when the person concerned leaves the receiving State or on the expiry of a
reasonable period in which to do so, whichever is the sooner, but shall subsist
until that time, even in case of armed conflict. In the case of the persons
referred to in paragraph 2 of this Article, their privileges and immunities
shall come to an end when they cease to belong to the household or to be in the
service of a member of the consular post provided, however, that if such
persons intend leaving the receiving State within a reasonable period
thereafter, their privileges and immunities shall subsist until the time of
their departure.
4. However,
with respect to acts performed by a consular officer or a consular employee in
the exercise of his functions, immunity from jurisdiction shall continue to
subsist without limitation of time.
5. In
the event of the death of a member of the consular post, the members of his
family forming part of his household shall continue to enjoy the privileges and
immunities accorded to them until they leave the receiving State or until the
expiry of a reasonable period enabling them to do so, whichever is the sooner.
ARTICLE 54
Obligations of
third States
1. If
a consular officer passes through or is in the territory of a third State,
which has granted him a visa if a visa was necessary, while proceeding to take
up or return to his post or when returning to the sending State, the third
State shall accord to him all the immunities provided for by the other Articles
of the present Convention as may be required to ensure his transit or return.
The same shall apply in the case of any member of his family forming part of
his household enjoying such privileges and immunities who are accompanying the
consular officer or travelling separately to join him
or to return to the sending State.
2. In
circumstances similar to those specified in paragraph 1 of this Article, third
States shall not hinder the transit through their territory of other members of
the consular post or of members of their families forming part of their
household.
3. Third
States shall accord to official correspondence and to other official
communications in transit, including messages in code or cipher, the same freedom
and protection as the receiving State is bound to accord under the present
Convention. They shall accord to consular couriers who have been granted a
visa, if a visa was necessary, and to consular bags in transit, the same
inviolability and protection as the receiving State is bound to accord under
the present Convention.
4. The
obligations of third States under paragraphs 1, 2 and 3 of this Article shall
also apply to the persons mentioned respectively in those paragraphs, and to
official communications and to consular bags, whose presence in the territory
of the third State is due to force majeure.
ARTICLE 55
Respect for the
laws and regulations of the receiving State
* * * * * * *
2. The
consular premises shall not be used in any manner incompatible with the
exercise of consular functions.
3. The
provisions of paragraph 2 of this Article shall not exclude the possibility of
offices of other institutions or agencies being installed in part of the
building in which the consular premises are situated, provided that the
premises assigned to them are separate from those used by the consular post. In
that event, the said offices shall not, for the purposes of the present
Convention, be considered to form part of the consular premises.
ARTICLE 57
Special
provisions concerning private gainful occupation
* * * * * * *
2. Privileges
and immunities provided in this Chapter shall not be accorded –
(a) to consular employees
or to members of the service staff who carry on any private gainful occupation
in the receiving State;
(b) to members of the
family of a person referred to in sub-paragraph (a) of this paragraph or to
members of his private staff;
(c) to members of the
family of a member of a consular post who themselves carry on any private
gainful occupation in the receiving State.
CHAPTER III
– REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED
BY SUCH OFFICERS
ARTICLE 58
General
provisions relating to facilities, privileges and immunities
1. Articles
…………… 35, …………… and
39, paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply
to consular posts headed by an honorary consular officer. In addition, the
facilities, privileges and immunities of such consular posts shall be governed
by Articles …………… 60, 61 and 62.
2. Articles
…………… 43, paragraph 3 of Article 44, Articles 45
and 53 …………… shall apply to honorary consular
officers. In addition, the facilities, privileges and immunities of such
consular officers shall be governed by Articles
…………… 66 and 67.
3. Privileges
and immunities provided in the present Convention shall not be accorded to
members of the family of an honorary consular officer or of a consular employee
employed at a consular post headed by an honorary consular officer.
ARTICLE 59
Protection of the
consular premises
The receiving
State shall take such steps as may be necessary to protect the consular
premises of a consular post headed by an honorary consular officer against any
intrusion or damage and to prevent any disturbance of the peace of the consular
post or impairment of its dignity.
ARTICLE 60
Exemption from
taxation of consular premises
1. Consular
premises of a consular post headed by an honorary consular officer of which the
sending State is the owner or lessee shall be exempt from all national,
regional or municipal dues and taxes whatsoever, other than such as represent
payment for specific services rendered.
2. The
exemption from taxation referred to in paragraph 1 of this Article shall not
apply to such dues and taxes if, under the laws and regulations of the
receiving State, they are payable by the person who contracted with the sending
State.
ARTICLE 61
Inviolability of
consular archives and documents
The consular
archives and documents of a consular post headed by an honorary consular
officer shall be inviolable at all times and wherever they may be, provided
that they are kept separate from other papers and documents and, in particular,
from the private correspondence of the head of a consular post and of any
person working with him, and from the materials, books or documents relating to
their profession or trade.
ARTICLE 62
Exemption from
customs duties
The receiving
State shall, in accordance with such laws and regulations as it may adopt,
permit entry of, and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services on
the following articles, provided that they are for the official use of a
consular post headed by an honorary consular officer; coats-of-arms, flags,
signboards, seals and stamps, books, official printed matter, office furniture,
office equipment and similar articles supplied by or at the instance of the
sending State to the consular post.
ARTICLE 66
Exemption from
taxation
An honorary
consular officer shall be exempt from all dues and taxes on the remuneration
and emoluments which he receives from the sending State in respect of the
exercise of consular functions.
ARTICLE 67
Exemption from
personal services and contributions
The receiving
State shall exempt honorary consular officers from all personal services and
from all public services of any kind whatsoever and from military obligations
such as those connected with requisitioning, military contributions and
billeting.
CHAPTER IV
– GENERAL PROVISIONS
ARTICLE 70
Exercise of
consular functions by diplomatic missions
1. The
provisions of the present Convention apply also, so far as the context permits,
to the exercise of consular functions by a diplomatic mission.
2. The
names of members of a diplomatic mission assigned to the consular section or
otherwise charged with the exercise of the consular functions of the mission
shall be notified to the Ministry of Foreign Affairs of the receiving State or
to the authority designated by that Ministry.
* * * * * * *
4. The
privileges and immunities of the members of a diplomatic mission referred to in
paragraph 2 of this Article shall continue to be governed by the rules of
international law concerning diplomatic relations.
ARTICLE 71
Nationals or
permanent residents of the receiving State
1. Except
in so far as additional facilities, privileges and immunities may be granted by
the receiving State, consular officers who are nationals of or permanently
resident in the receiving State shall enjoy only immunity from jurisdiction and
personal inviolability in respect of official acts performed in the exercise of
their functions, and the privilege provided in paragraph 3 of Article 44.
2. Other
members of the consular post who are nationals of or permanently resident in
the receiving State and members of their families, as well as members of the
families of consular officers referred to in paragraph 1 of this Article, shall
enjoy facilities, privileges and immunities only in so far as these are granted
to them by the receiving State. Those members of the families of members of the
consular post and those members of the private staff who are themselves
nationals of or permanently resident in the receiving State shall likewise
enjoy facilities, privileges and immunities only in so far as these are granted
to them by the receiving State.
THIRD SCHEDULE
(Article 12)
PRIVILEGES AND
IMMUNITIES OF INTERNATIONAL ORGANISATIONS
PRELIMINARY
Interpretation of
the Third Schedule
1.-(1) In this Schedule “the 1961
Convention Articles” means the Articles (being certain Articles of the
Vienna Convention on Diplomatic Relations signed in 1961) which are set out in
the First Schedule to this Law.
(2) Expressions used in
this Schedule to which a meaning is assigned by Article 1 of the 1961
Convention Articles, and other expressions which are used both in this Schedule
and in those Articles, shall, except in so far as the context otherwise
requires, be construed as having the same meanings in this Schedule as in those
Articles.
PART I
Privileges and immunities of the organisation
2. Immunity
from suit and legal process.
3. The
like inviolability of official archives and premises of the organisation
as, in accordance with the 1961 Convention Articles, is accorded in respect of
the official archives and premises of a diplomatic mission.
4.-(1) Exemption of relief from taxes, other
than duties (whether of customs or excise) and taxes on the importation of
goods.
(2) The like relief from
rates as in accordance with Article 23 of the 1961 Convention Articles is
accorded in respect of the premises of a diplomatic mission.
5. Exemption
from customs duties and taxes on the importation of goods imported by or on
behalf of the organisation for its official use in
the Island, or on the importation of any publications of the organisation imported by it or on its behalf, such
exemption to be subject to compliance with such conditions as the Finance and
Economics Committee may prescribe for the protection of the Revenue.
6. Exemptions
from prohibitions and restrictions on importation or exportation in the case of
goods imported or exported by the organisation for
its official use and in the case of any publications of the organisation
imported or exported by it.
7. Relief,
under arrangements made either by the Finance and Economics Committee or by the
Agent of the Impôts, by way of refund of
customs duty paid on any “huiles et
essences” (within the meaning of the “Loi
(1940) autorisant la Perception d’un Impôt sur certaines Huiles et
Essences”) which are bought in the Island and used for the official
purposes of the organisation, such relief to be
subject to compliance with such conditions as may be imposed in accordance with
the arrangements.
PART II
Privileges and immunities of representatives,
members of subordinate bodies, high officers, experts, and persons on missions
8. For
the purpose of conferring on any person any such exemption, privilege or relief
as is mentioned in any of the following paragraphs of this Part of this
Schedule, any reference in that paragraph to the representative or officer
shall be construed as a reference to that person.
9. The
like immunity from suit and legal process, the like inviolability of residence,
and the like exemption or relief from taxes and rates, other than customs
duties and taxes on the importation of goods, as are accorded to or in respect
of the head of a diplomatic mission.
10. The
like inviolability of official premises as is accorded in respect of the
premises of a diplomatic mission.
11. The
like exemption or relief from being liable to pay anything in respect of parish
rates, as is accorded to or in respect of the head of a diplomatic mission.
12. The
like exemption from duties (whether of customs or excise) and taxes on the
importation of articles imported for the personal use of the representative or
officer or of members of his family forming part of his household, including
articles intended for his establishment, as in accordance with paragraph 1 of
Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
13. The
like exemption and privileges in respect of the personal baggage of the
representative or officer as in accordance with paragraph 2 of Article 36 of
those Articles are accorded to a diplomatic agent, as if in that paragraph the
reference to paragraph 1 of that Article were a reference to paragraph 12 of
this Schedule.
14. Relief,
under arrangements made either by the Finance and Economics Committee or by the
Agent of the Impôts, by way of refund of
customs duty paid on any “huiles et
essences” (within the meaning of the “Loi
(1940) autorisant la Perception d’un Impôt sur certaines Huiles et
Essences”) which are bought in the Island by or on behalf of the
representative or officer, such relief to be subject to compliance with such
conditions as may be imposed in accordance with the arrangements.
15. Exemptions
whereby, for the purposes of the Social Security (Jersey) Law 1974, as amended
–
(a) services rendered for
the organisation by the representative or officer
shall be deemed to be excepted from any class of employment which is insurable
employment, or in respect of which contributions are required to be paid; but
(b) no person shall be
rendered liable to pay any contribution which he would not be required to pay
if those services were not deemed to be so excepted.
PART III
Privileges and immunities of other officers and
servants
16. Immunity
from suit and legal process in respect of things done or omitted to be done in
the course of the performance of official duties.
17. Exemption
from income tax in respect of emoluments received as an officer or servant of
the organisation.
18. The
like exemption from duties (whether of customs or excise) and taxes on the
importation of articles which –
(a) at or about the time
when an officer or servant of the organisation first
enters the Island as such an officer or servant are imported for his personal
use or that of members of his family forming part of his household, including
articles intended for his establishment; and
(b) are articles which were
in his ownership or possession or that of such a member of his family, or which
he or such a member of his family was under contract to purchase, immediately
before he so entered the Island,
and the like
privilege as to the importation of such articles as in accordance with
paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a
diplomatic agent.
19. The
like exemption and privileges in respect of the personal baggage of an officer
or servant of the organisation as in accordance with
paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a
diplomatic agent, as if in that paragraph the reference to paragraph 1 of that
Article were a reference to paragraph 18 of this Schedule.
PART IV
Privileges and immunities of official staffs and of
families of representatives, high officers and official staffs
20. In
this Part of this Schedule –
(a) “representative”
means a person who is such a representative to the specified organisation or such a representative on, or member of, an
organ, committee or other subordinate body of that organisation
as is mentioned in Article 12(2)(a) of this Law;
(b) “member of the
official staff” means a person who accompanies a representative as part
of his official staff in his capacity as a representative.
21. A
member of the official staff who is recognised by the
States of Jersey as holding a rank equivalent to that of a diplomatic agent
shall be entitled to the privileges and immunities set out in Part II of this
Schedule to the like extent as, by virtue of the relevant Regulations, the
representative whom he accompanies is entitled to them.
22.-(1) Subject to sub-paragraph (2) of this
paragraph, a member of the official staff who is not so recognised,
and who is employed in the administrative or technical service of the
representative whom he accompanies, shall be entitled to the privileges and
immunities set out in paragraphs 9 and 15 of this Schedule to the like extent
as, by virtue of the relevant Regulations, that representative is entitled to
them.
(2) Such a member of the
official staff shall not by virtue of the preceding sub-paragraph be entitled
to immunity from any civil proceedings in respect of any cause of action
arising otherwise than in the course of his official duties.
(3) Such a member of the
official staff shall also be entitled to the exemption set out in paragraph 18
of this Schedule as if he were an officer of the specified organisation.
23. A
member of the official staff who is employed in the domestic service of the
representative whom he accompanies shall be entitled to the following
privileges and immunities, that is to say –
(a) immunity from suit and
legal process in respect of things done or omitted to be done in the course of
the performance of official duties; and
(b) the exemptions set out
in paragraph 15 of this Schedule,
to the like
extent as by virtue of Regulations made under Article 12 of this Law that
representative is entitled to them, and shall be entitled to exemption from
taxes on his emoluments in respect of that employment to the like extent as
that representative is entitled to exemption from taxes on his emoluments as a
representative.
24.-(1) Persons who are members of the family of
a representative and form part of his household shall be entitled to the
privileges and immunities set out in Part II of this Schedule to the like
extent as by virtue of Regulations made under Article 12 of this Law that
representative is entitled to them.
(2) Persons who are members
of the family and form part of the household of an officer of the specified organisation, where that officer is the holder (whether
permanent, temporary or acting) of an office specified in the Regulations in
accordance with Article 12(2)(b) of this Law, shall be entitled to the privileges
and immunities set out in Part II of this Schedule to the like extent as by
virtue of the relevant Regulations, that officer is entitled to them.
(3) Persons who are members
of the family and form part of the household of such a member of the official
staff as is mentioned in paragraph 21 of this Schedule shall be entitled to the
privileges and immunities set out in Part II of this Schedule to the like
extent as by virtue of the relevant Regulations, that member of the official
staff is entitled to them.
(4) Persons who are members
of the family and form part of the household of such a member of the official
staff as is mentioned in paragraph 22 of this Schedule shall be entitled to the
privileges and immunities set out in paragraphs 9 and 15 of this Schedule to
the like extent as by virtue of paragraph 22 of this Schedule that member of
the official staff is entitled to them.